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Patna High Court

Ghanshyam Kumar Singh,versusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The court held that the Zila Parishad must redress the petitioners' grievances and commence payment of the entitled benefits within three months, failing which it would be in contempt.

Summary

Eight retired employees of Zila Parishad, West Champaran, Bettiah filed a writ petition seeking arrears of ACP/MACP benefits and the 7th Pay Revision. The Zila Parishad admitted the claims and indicated that a Seven‑Men Committee would calculate the dues, promising settlement within three months. The High Court directed the Zila Parishad, through its executive officers, to commence payment of the arrears within three months of the order, warning of contempt for non‑compliance, and allowed an extension if necessary via a motion. The petitioners were thus entitled to the post‑retirement benefits claimed. The court disposed of the writ petition with these directions.

Issues considered

  • Whether retired employees of a Zila Parishad are entitled to ACP/MACP benefits and the 7th Pay Revision.
  • Whether the Zila Parishad is obligated to pay arrears to retired employees and can be held in contempt for non‑payment.
  • Whether the court can direct a specific timeline for payment and allow extensions via motion.

Subjects

  • ACP
  • MACP
  • 7th Pay Revision
  • post‑retirement benefit
  • writ petition
  • contempt
  • Zila Parishad
  • civil writ jurisdiction
  • payment of arrears

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                Civil Writ Jurisdiction Case No.2273 of 2022
                 ======================================================
           1.     Ghanshyam Kumar Singh, S/o Bachha Prasad Singh, Resident of Village-
                  Lalgarh Yogia, P.S.-Shyampur Bhataha, District-Sheohar.
           2.    Narayan Rao, S/o Late Satya Narayan Ray, Resident of Sagar Pokhra, P.O.
                 and P.S.-Bettiah, District West Champaran, Bettiah.
           3.    Anil Kumar Diwedi, S/o Late Surendranath Diwedi, Resident of Village-
                 Bheriharwa, P.S. Salhi, District West Champaran, Bettiah.
           4.    Ravindranath Paul, S/o Late Girishchandra Paul, Resident of Village-
                 Uttarwari Pokhra Dwar, P.O.-Devi Chak, P.S.-Bettiah, District West
                 Champaran, Bettiah.
           5.    Jawaharlal Dubey, S/o Late Ekbal Dubey, Resident of Village-Baykat
                 Puraina, P.S.-Chanpatia, District West Champaran, Bettiah.
           6.    Sheo Kumar Dubey, S/o Late Chandrika dubey, Resident of Village-
                 Ramnagar, P.S. Ramnagar, District West Champaran, Bettiah.
           7.    Nurul Hoda, S/o Late Emamul Hasan, Resident of Village-Kandhuwalia,
                 P.S. Lauria, District West Champaran, Bettiah.
           8.    Vishwanath Prasad Yadav, S/o Late Jungi Yadav, Resident of Village-
                 Binwalia, P.S. Mahuwa, District West Champaran, Bettiah.

                                                                            ... ... Petitioner/s
                                                   Versus

           1.    The State of Bihar
           2.    The Principal Secretary, Panchayati Raj Department, Govt. of Bihar, Patna.
           3.    The Director, Panchayati Raj Department, Government of Bihar, Patna.
           4.    The Zila Parishad, West Champaran, Bettiah through its Executive Officer-
                 cum-Deputy Development Commissioner, Zila Parishad, West Champaran,
                 Bettiah.
           5.    The Executive Officer-cum-Deputy Development Commissioner, Zila
                 Parishad, West Champaran, Bettiah.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s    :     Mr. Sia Ram Sahi, Sr. Advocate
                                               Mr. Abhishek Raj Kashyap, Advocate
                 For the State           :     Mr. Kumar Alok (SC- 7)
                 For the Zila Parishad   :     Mr. Prince Kumar Mishra, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
                                       ORAL ORDER

3   07-01-2026                      Heard learned counsel for the petitioners, learned

                   counsel for the State and learned counsel for the Zila Parishad.
Patna High Court CWJC No.2273 of 2022(3) dt.07-01-2026
                                            2/4




                      2. Learned counsel for the petitioners submits that the

          present writ petition has been filed for the following reliefs:-

                                               “(i)       For   issuance   of    an
                                  appropriate            writ   commanding      the
                                  respondent nos. 4 and 5 to pay the benefit of
                                  ACP/MACP with the respective due dates
                                  and the benefit of 7th pay revision to the
                                  petitioners who are retired employees of Zila
                                  Parishad, West Champaran, Bettiah.
                                               (ii) For issuance of an appropriate
                                  writ commanding the respondents to revised
                                  the amount of Post Retirement Benefit
                                  accordingly after giving the benefit of
                                  ACP/MACP and 7th Pay Revision.
                                               (iii) For any other relief or reliefs
                                  for which the petitioners are entitled under
                                  law as well as on the facts of the case.”


                      3. Counsel further submits that a counter affidavit has

          been filed by the Zila Parishad, West Champaran, Bettiah

          wherein the claims of the petitioners have been admitted. It is

          stated that the Zila Parishad is ready to redress the grievances of

          the petitioners and has already intimated that steps toward the

          payment of arrears relating to ACP/MACP from the due date, as

          well as for grant of the 7th Pay Revision, of the petitioner.

                      4. Counsel for the appellants further submits that the
Patna High Court CWJC No.2273 of 2022(3) dt.07-01-2026
                                            3/4




          Zila Parishad is paying these benefits to the employees presently

          in service from time to time but the same benefits are not being

          paid to retired employees, despite their entitlement.

                      5. Learned counsel for the Zila Parishad, on the other

          hand, submits that it has been categorically stated in the

          pleadings, particularly in paragraph 6 of the counter affidavit

          filed by the Zila Parishad, dated 08.07.2024, that a Seven-Men

          Committee has been constituted for calculation of arrears

          relating to ACP/MACP from the due date, as well as for grant of

          the 7th Pay Revision and other issues of the employees of Zila

          Parishad, West Champaran, Bettiah, which has to submit its

          report within 30 days. Learned counsel admits that the

          grievances of the petitioners shall be settled within a period of

          three months from today.

                      6. In this background, this Court hereby directs the

          Zila Parishad, West Champaran, Bettiah, through its Executive

          Officer-cum-Deputy            Development      Commissioner,   Zila

          Parishad, West Champaran, Bettiah and the Executive Officer-

          cum-Deputy Development Commissioner, Zila Parishad, West

          Champaran, Bettiah (Respondent Nos. 4 and 5), to redress the

          grievances of the petitioners within a period of three months

          from the date of production of a copy of this order, as accepted
         Patna High Court CWJC No.2273 of 2022(3) dt.07-01-2026
                                                     4/4




                   by learned counsel for the Zila Parishad.

                               7. It is made clear that payment to the petitioners shall

                   be started within a period of three months from the date of

                   production of a copy of this order. In case payment is not started

                   within the said period then Respondent Nos. 4 and 5 shall be

                   under contempt.

                               8. It is also made clear that after the start of the

                   payment, if there is any difficulty in making full and final

                   payment, liberty is hereby granted to Respondent Nos. 4 and 5

                   to seek appropriate extension of time from this Court, by way of

                   filing M.J.C.

                               9. With the aforesaid directions and observations, the

                   present writ petition stands disposed off.



                                                                  (Dr. Anshuman, J.)


Aman Kumar/-

U


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